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THE INTEGRITY IN PUBLIC LIFE ACT, 2000 Arrangement of Sections PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation 3. Application PART II ESTABLISHMENT, POWERS AND FUNCTIONS OF INTEGRITY COMMISSION 4. Establishment of Integrity Commission 5. Functions of the Commission 6. Resignation 7. Registrar 8. Vacancy in membership 9. Remuneration and staff 10. Annual Report to Parliament PART III FINANCIAL DISCLOSURE 11. Duty to furnish declaration 12. Contents of declaration 13. Request for further particulars 14. Register of Interests 15. Further enquiry into declaration 16. Powers of the tribunal 17. Matter to be referred to Director of Public Prosecutions 18. Findings of tribunal 19. Indemnity 20. Duty as to secrecy 21. Offences relating to declaration 22. Blind trust PART IV CODE OF CONDUCT 23. Application of Part V 24. Use of office 25. Insider information 26. Influence 27. Gifts

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Page 1: The Integrity in Public Life Act, 2000 - Integrity …integritycommission.org.tt/PDF/integrity_act/Integrity in Public... · THE INTEGRITY IN PUBLIC LIFE ACT, 2000 Arrangement of

THE INTEGRITY IN PUBLIC LIFE ACT, 2000

Arrangement of Sections

PART I

PRELIMINARY

Section1. Short title and commencement2. Interpretation3. Application

PART II

ESTABLISHMENT, POWERS AND FUNCTIONS OF INTEGRITY COMMISSION

4. Establishment of Integrity Commission5. Functions of the Commission6. Resignation7. Registrar8. Vacancy in membership9. Remuneration and staff

10. Annual Report to Parliament

PART III

FINANCIAL DISCLOSURE

11. Duty to furnish declaration12. Contents of declaration13. Request for further particulars14. Register of Interests15. Further enquiry into declaration16. Powers of the tribunal17. Matter to be referred to Director of Public Prosecutions18. Findings of tribunal19. Indemnity20. Duty as to secrecy21. Offences relating to declaration22. Blind trust

PART IV

CODE OF CONDUCT

23. Application of Part V24. Use of office 25. Insider information26. Influence27. Gifts

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28. Confidentiality29. Conflict of interest30. Disclosure to Service Commission31. Commission to report breach of his Part

PART V

POWER OF INVESTIGATION

32. Complaints33. Power of Commission to investigate34. Special powers of investigation35. Protection of information36. Request for opinion37. Commission to act in public interest38. Notice of adverse report39. Exemption from liability40. Power to enter contracts41. Regulations42. Income Tax Act43. Repeal44. Transitional provisions

SCHEDULE

ii

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Legal Supplement Part A to the “Trinidad and Tobago Gazette’’, Vol. 39,No. 212, 1st November, 2000

Fifth Session Fifth Parliament Republic of Trinidadand Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 83 of 2000

[L.S.]

AN ACT to provide for the establishment of the IntegrityCommission; to make new provisions for theprevention of corruption of persons in public life byproviding for public disclosure; to regulate theconduct of persons exercising public functions; topreserve and promote the integrity of publicofficials and institutions, and for mattersincidental thereto.

[Assented to 27th October, 2000]

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WHEREAS it is enacted inter alia by subsection (1) ofsection 13 of the Constitution that an Act of Parliamentto which that section applies may expressly declarethat it shall have effect even though inconsistent withsections 4 and 5 of the Constitution and, if any Act doesso declare, it shall have effect accordingly:

And whereas it is provided by subsection (2) of thesaid section 13 of the Constitution that an Act ofParliament to which that section applies is one the Billfor which has been passed by both Houses ofParliament and at the final vote thereon in each Househas been supported by the votes of not less than three-fifths of all the members of that House:

And whereas it is necessary and expedient that theprovisions of this Act shall have effect even thoughinconsistent with sections 4 and 5 of the Constitution.

ENACTED by the Parliament of Trinidad and Tobago asfollows:

PART I

PRELIMINARY

1. (1) This Act may be cited as the Integrity inPublic Life Act, 2000.

(2) This Act comes into operation on such date asis fixed by the President by Proclamation.

(3) This Act shall have effect even thoughinconsistent with sections 4 and 5 of the Constitution.

2. In this Act—“assets” means all property, including money,

beneficially held in Trinidad and Tobago orelsewhere and all rights and benefitsenjoyed on a continuing basis;

“Commission” means the Integrity Commissionestablished under section 4;

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Preamble

Enactment

Short title,commencement andinconsistency withthe Constitution

Interpretation

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“Chairman” means the Chairman of theCommission;

“dependent child” means the child of a person,including a child of the family, step-childor adopted child, whether of full age ornot, who is unmarried and beingmaintained by such person;

“income” means all income, from whateversource derived acquired in or out ofTrinidad and Tobago, whether directly orindirectly, as money or money’s worth andincludes all receipts by way of salary, fees,wages, perquisites, profits, gains,emoluments, rents, interest, commissions,bonus, pension, annuity or benefit and allincome within the meaning of the IncomeTax Act;

“investigating officer” means a personauthorised by the Commission to exercisethe powers of an investigating officerunder this Act;

“liability” includes any obligation to pay ortransfer money or money’s worth inTrinidad and Tobago or elsewhere;

“person in public life” means a person referredto or listed in the Schedule;

“persons exercising public functions” includesall persons holding office under the PublicService, Judicial and Legal Service, PoliceService, Teaching Service and StatutoryAuthorities’ Service Commission, as wellas Senators, members of the DiplomaticService and Advisers to the Government;

“public body” includes local and publicauthorities of all descriptions;

“public officer”' has the meaning ascribed to itin section 3 of the Constitution;

“spouse” in relation to a person in public lifemeans a person to whom the person inpublic life is married or living with in a

Chap. 75:01

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conjugal relationship outside of marriage,but does not include a person with whomthe person in public life has made aseparation agreement, or if their supportobligations and family property have beendealt with by a court order;

“tribunal” means a tribunal established undersection 15.

3. This Act applies to every person in public life andto persons exercising public functions.

PART II

ESTABLISHMENT, POWERS AND FUNCTIONS OF INTEGRITY

COMMISSION

4. (1) There is established an Integrity Commissionconsisting of a Chairman, Deputy Chairman and threeother members who shall be persons of integrity andhigh standing.

(2) At least one member of the Commission shallbe an attorney-at-law of at least ten years experience.

(3) At least one member of the Commission shallbe a chartered or certified accountant.

(4) The Chairman and other members of theCommission shall be appointed by the President afterconsultation with the Prime Minister and the Leader ofthe Opposition.

(5) A person shall not be qualified to hold office asa member of the Commission where he is a person inpublic life or a person exercising a public function or aperson who is not a citizen of Trinidad and Tobago.

(6) Three members of the Commission of whomone shall be the Chairman or Deputy Chairman, shallconstitute a quorum.

Application

Establishment ofIntegrityCommission

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5. (1) The Commission shall—(a) carry out those functions and exercise the

powers specified in this Act; (b) receive, examine and retain all declarations

filed with it under this Act; (c) make such enquiries as it considers

necessary in order to verify or determinethe accuracy of a declaration filed underthis Act;

(d) c ompile and maintain a Register ofInterests;

(e) receive and investigate complaintsregarding any alleged breaches of this Actor the commission or any suspected offenceunder the Prevention of Corruption Act;

(f) investigate the conduct of any personfalling under the purview of theCommission which, in the opinion of theCommission, may be considered dishonestor conducive to corruption;

(g) examine the practices and procedures ofpublic bodies, in order to facilitate thediscovery of corrupt practices;

(h) instruct, advise and assist the heads ofpublic bodies of changes in practices orprocedures which may be necessary toreduce the occurrence of corrupt practices;

(i) carry out programs of public educationintended to foster an understanding ofstandard of integrity;

(j) perform such other functions and exercisesuch powers as are required by this Act.

(2) In the exercise of its powers and performanceof its functions under this Act, the Commission—

(a) shall not be subject to the direction orcontrol of any other person or authority;

(b) may in all cases where it considers itappropriate to do so, make use of theservices or draw upon the expertise of anylaw enforcement agency or the PublicService;

Functions of theCommission

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No. 11 of 1987

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(c) shall have the power to authoriseinvestigations, summon witnesses, requirethe production of any reports, documents,other relevant information, and to do allsuch things as it considers necessary orexpedient for the purpose of carrying out itsfunctions.

6. (1) A member of the Commission may at any timeresign his office by instrument in writing addressed tothe Chairman who shall forthwith cause it to beforwarded to the President; and the Chairman mayresign his office by instrument in writing addressed tothe President.

(2) A person shall cease to be a member of theCommission from the date of the receipt of theinstrument by the President.

7. (1) There shall be a Registrar to the Commissionwho shall be a public officer.

(2) The duties of the Registrar shall be—(a) to attend the meetings of the Commission; (b) to record the proceedings of the

Commission and keep the minutes of eachmeeting in proper form; and

(c) generally to perform such duties connectedwith the work of the Commission as theCommission may require.

8. (1) A vacancy in the membership of theCommission occurs—

(a) on the death, resignation or revocation ofthe appointment of a member;

(b) on the absence of a member from threeconsecutive meetings of the Commission,unless the absence is approved by thePresident after consultation with theChairman;

(c) on the expiration of the term specified in amember’s instrument of appointment.

Vacancy inmembership

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Resignation

Registrar

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(2) A member of the Commission may be removedfrom office by the President acting in his discretion forinability to discharge the functions of his office whetherarising from infirmity of mind or body or any othercause, or for misbehaviour.

(3) The appointment of a member of theCommission and the termination of his appointmentwhether by death, resignation or otherwise shall bepublished in the Gazette.

9. (1) The salaries and allowances of the Chairman,other members of the Commission and the Registrarshall be determined by the Salaries ReviewCommission.

(2) The Commission shall be provided withadequate staff for the prompt and efficient discharge ofits functions under the Act.

(3) The staff of the Commission shall be publicofficers appointed in accordance with section 121 of theConstitution and the President may create suchdifferent grades of investigating officers as he thinksfit.

(4) All expenses incurred by the Commission forthe purposes of this Act shall be a charge on theConsolidated Fund.

(5) The Commission shall appoint or employ, onsuch terms and conditions as it thinks fit, any suchother officers and employees as it thinks necessary forthe proper carrying out of its functions under this Act;

(6) The appropriate Service Commission mayapprove the transfer of any officer in the Public Serviceto any office within the Commission and any publicofficer so transferred shall, in relation to gratuity,pension or other allowances, be treated as continuing inthe service of the Government.

10. The Commission shall not later than 31st Marchin each year, make a report to Parliament of itsactivities in the preceding year and the report shall betabled in the Senate and the House of Representatives

Annual Report toParliament

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Remuneration andstaff

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not later than 31st May, so, however, that the reportsshall not disclose particulars of any declaration filedwith the Commission.

PART III

FINANCIAL DISCLOSURE

11. (1) A person shall, within three months ofbecoming a person in public life, complete and file withthe Commission in the prescribed form, a declaration ofhis income, assets and liabilities in respect of theprevious year and, thereafter, on 31st May in eachsucceeding year that he is a person in public life, heshall file further declarations of his income, assets andliabilities.

(2) Notwithstanding the provisions of sub-section (1), the Commission may, in any particular case,for good cause, extend the time for the furnishing of adeclaration for a period not exceeding six months.

(3) The declaration shall be in such form as theCommission may from time to time prescribe and maybe accompanied, if the declarant so wishes, by astatement relating to his net worth as indicated bydetails of his income, assets and liabilities.

(4) The declaration shall be filed irrespective ofthe fact that during the year in respect of which thedeclaration is required, or in the following year, thedeclarant ceased to be a person in public life.

(5) Where a person in public life dies, there shallbe no obligation on the administrator of his estate tofile the declaration which he would have been requiredto file, had he lived.

(6) Where a person who is required to do so failsto file a declaration in accordance with this section orwithout reasonable cause, fails to furnish particulars inaccordance with section 13 or fails to file the statementof registrable interests under section 14, theCommission shall publish such fact in the Gazette andat least one daily newspaper in circulation in Trinidadand Tobago.

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Duty to furnishdeclaration

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(7) The Commission may, at anytime after thepublication referred to in section (6), make an ex parteapplication to the High Court for an order directingsuch person to comply with the Act and the Court may,in addition to making such an order, impose suchconditions as it thinks fit.

(8) A person who fails to comply with thedirections of the Court, commits an offence and is liableon conviction to a fine of one hundred and fiftythousand dollars.

12. (1) A declaration required under this Act, shallinclude such particulars as are known to the declarant,of the income, assets and liabilities of himself, hisspouse and his dependent children.

(2) Notwithstanding subsection (1), where—

(a) the spouse was not ordinarily living withthe declarant for a continuous period of sixmonths during the period in relation towhich the declaration was made; or

(b) a dependent child was not ordinarily livingwith the declarant at any time during theperiod in relation to which the declarationwas made,

the particilars required to be furnished bysubsection (1) shall be limited to assets held by thespouse or child in trust for, or as agent of the declarant,except that nothing in this section shall be construed asprecluding the Commission from requiring from adeclarant, any additional particulars.

(3) Where a person in public life holds money orother property in trust for another person, he shall sostate in his declaration but shall not be required todisclose the terms of the trust.

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Contents ofdeclaration

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(4) For the purposes of a declaration under thisAct, the income, assets and liabilities of a person inpublic life include the income, assets and liabilitiesacquired, held or incurred by any other person as hisagent or on his behalf.

(5) Where, in a declaration filed with theCommission, a person in public life discloses an incomewhich is insufficient to support the accretion in value ofthe net assets disclosed so as to raise the inference thatthere must have been other income to account for theextent of the acquisition of such assets, the person inpublic life will be deemed to have been in possession ofsuch income which has not been disclosed and the onusshall be on him to establish the source of that furtherincome.

13. (1) The Commission shall examine everydeclaration that is filed and ensure that it complieswith the requirements of the Act, and may requestfrom a declarant, any information or explanationrelevant to a declaration made by him and which wouldassist in its examination.

(2) The Commission may require that—(a) a declarant furnish such particulars

relating to his financial affairs as may beconsidered necessary;

(b) a declarant or his duly appointed agentattend at the offices of the Commission inorder to verify his declaration;

(c) a declaration be certified by a chartered orcertified accountant.

(3) Where, upon an examination undersubsection (1), the Commission is satisfied that adeclaration has been fully made, it shall forward to theperson in public life, a Certificate of Compliance.

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Request for furtherparticulars

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14. (1) A person in public life shall file with hisdeclaration under section 11, an additional statement ofregistrable interests in the prescribed form, which shallcontain the information required by subsection (3).

(2) The Registrar of the Commission shallcompile and cause to be entered in a Register ofInterets, all information furnished pursuant tosubsection (1) and shall at the request of any memberof the public, permit the inspection of such Register.

(3) A statement of registrable interets filedunder subsection (1) shall contain information relatingto a person in public life in respect of—

(a) particulars of any directorships held in anycompany or other corporate body;

(b) particulars of any contract made with theState;

(c) the name or description of any company,partnership or association in which theperson is an investor;

(d) a concise description of any trust to whichthe person is a beneficiary or trustee;

(e) beneficial interest held in any land;

(f) any fund to which the person contributes;

(g) particulars of any political, trade orprofessional association to which the personbelongs;

(h) particulars relating to sources of income;and

(i) any other substantial interest whether of apecuniary nature or not, which he considersmay appear to raise a material conflictbetween his private interests and his publicduty.

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Register of Interest

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(4) A person in public life shall notify theRegistrar of any changes which may occur in hisregistrable interests, within six weeks of such changeoccurring.

(5) Nothing in this section shall be taken torequire disclosure of the actual amount or extent of anyfinancial benefit, contribution or interests.

15. Where upon the examination referred to insection 13, the Commission is of the opinion that itshould enquire further into any declaration so as toascertain whether there has been a full disclosure, itmay advise the President to appoint a tribunal of twoor more of its members to conduct an enquiry to verifythe contents of the declaration or the statement filedwith the Commission.

16. (1) A tribunal appointed under section 15 may— (a) request in writing, that a person in public

life or any other person who the tribunalreasonably believes has knowledge of thematters to be enquired into in accordancewith this Act, attend before the tribunaland furnish such further information anddocuments as it may require, within suchtime as may be specified;

(b) subject to section 17(2), require theCommissioner of Police or any other publicofficer, to make available to it, anyinformation received in the course of anyinvestigation carried out into the subjectmatter of an enquiry under this Act, andmay direct the Commissioner of Police orsuch other officer to make such furtherenquiries and investigations as it thinksnecessary; and

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Further enquiry intodeclarations

Powers of thetribunal

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(c) summon witnesses, require the productionof documents and do all such things as itconsiders necessary or expedient for thepurpose of carrying out its functions.

(2) In conducting an enquiry under section 15,the tribunal shall have and exercise the powers of aCommission of Enquiry under the Commissions ofEnquiry Act, save that its proceedings shall be held inprivate.

(3) An enquiry under section 15 shall not becommenced after five years from the date a personceases to be a person in public life.

17. (1) Where the Commission is satisfied, on thebasis of an enquiry conducted under section 15 that—

(a) a breach of any of the provisions of this Acthas been committed, it shall take suchaction as it deems appropriate; or

(b) an offence has been committed, it shall—(i) forthwith refer the matter to the

Director of Public Prosecutionstogether with a certified copy ofthe declaration in question and areport of its findings; and

(ii) forward to the President, a reportof its findings.

(2) Where the Commission determines that thesubject matter of an enquiry under section 15 is—

(a) under investigation by the police or that acharge has been laid; or

(b) the subject matter of any proceedings in acourt of law,

the Commission shall hold its own enquiry in abeyance,pending final disposition of that investigation and thoseproceedings.

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Matters to bereferred to Directorof PublicProsecutions

Chap. 19:01

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18. Where, from an enquiry under section 15, atribunal finds that a declarant had in fact made fulldisclosure in his declaration, it shall, if so requested inwriting by the declarant, publish a statement to thateffect in the Gazette.

19. Where upon an enquiry a tribunal finds that thedeclaration which gave rise to the enquiry was in factfull and proper, the declarant is entitled to beindemnified in respect of all reasonable expenses asapproved by the tribunal.

20. (1) Declarations filed with the Commission andthe records of the Commission in respect of thosedeclarations are secret and confidential and shall notbe made public, except where a particular declarationor record is required to be produced for the purpose ofor in connection with any court proceedings against, orenquiry in respect of a declarant under this Act, thePerjury Act, the Prevention of Corruption Act, theExchange Control Act or the Commissions of EnquiryAct.

(2) Where a declaration filed with theCommission is required to be produced for the purposeof any proceedings under subsection (1), a copy of thedeclaration certified by the Registrar may be deliveredto the Director of Public Prosecutions upon anapplication being made by way of affidavit.

(3) The copy referred to in subsection (2) shall beadmissible in any proceedings under subsection (1) andshall be prima facie evidence of the contents thereof.

(4) Every member of the Commission and everyperson performing any function in the service of, or asan employee of the Commission shall treat alldeclarations and records and information relating tosuch declarations and information as secret andconfidential and shall make and subscribe to an oath ofsecrecy to that effect before a Justice of the Peace.

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Duty as to secrecy

Chap. 11:14No. 11 of 1987Chap. 79:50Chap. 19:01

Findings of tribunal

Indemnity

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(5) Every person required under subsection (4) todeal with matters specified therein as secret andconfidential who at anytime communicates or attemptsto communicate such information or anythingcontained in such documents to any person other thana person to whom he is authorised under this Act, shallbe guilty of an offence and be liable on summaryconviction to a fine of two hundred and fifty thousanddollars and ten years imprisonment.

21. (1) A person in public life who—

(a) fails, without reasonable cause, to furnishto the Commission a declaration, or furtherparticulars which he is required to furnishin accordance with the provisions of theAct;

(b) knowingly makes a declaration that isfalse;

(c) fails, without reasonable cause to give suchinformation or explanation as theCommission or a tribunal may require;

(d) fails, without reasonable cause to attend anenquiry being conducted by a tribunalappointed under section 15 or knowinglygives false information in such enquiry,

is guilty of an offence, and liable on summaryconviction to a fine of two hundred and fifty thousanddollars and to imprisonment for a term of ten years.

(2) Where, a person in public life is deemed tohave been in possession of undisclosed income or assetsand fails to account for such further income or assets,or where upon an enquiry, it is determined that suchother income or assets have existed and the person inpublic life deliberately omitted to disclose suchinformation in the declaration filed with the

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Offences relating todeclarations

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Commission, he shall be liable on summary convictionto a fine of two hundred and fifty thousand dollars andimprisonment for a term of ten years, and where theoffence involves the deliberate non-disclosure ofproperty the Court may, in addition—

(a) where the property involved is situated inTrinidad and Tobago, declare that it beforfeited to the State;

(b) where the property involved is situatedoutside of Trinidad and Tobago, order thatan amount equivalent to the value of theproperty (the value to be assessed asdirected by the Court), be paid by theperson in public life to the State.

(3) Property acquired from a person referred to insubsection (1) by a bona fide purchaser for valuewithout notice of any offence of that person as providedfor in this section is not liable to forfeiture, but anamount equivalent to the value of the property or theprice paid by the purchaser, whichever is greater, shallbe paid by the person in public life to the State.

(4) Payment of all sums due to the Statepursuant to paragraph (b) of subsection (1) or tosubsection (2) may be enforced in like manner as a debtdue to the State and any proceedings thereon on behalfof the State may be taken summarily.

(5) No prosecution of an offence under this Actother than an offence under section 20(5), may beinstituted—

(a) without the written consent of the Directorof Public Prosecutions; or

(b) after five years from the date when theperson in respect of whose declaration orfinancial affairs the alleged offence wascommitted, ceased to be a person in publiclife.

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22. (1) Where it appears to the Commission that abreach of this Act may have been committed or aconflict of interest may have arisen, it shall order aperson in public life to place his assets or part thereofin a blind trust for the purposes of this Act on suchterms and conditions as the Commission considersappropriate and file a copy of the trust deed with theCommission.

(2) Where the assets of a person in public life areplaced in a blind trust, he need not in his declarationgive more particulars of those assets than the amountand description of these assets placed in that trust andthe date of so doing.

(3) Notwithstanding any other law relating to theduties of trustees, a trust company managing theassets of a person in public life by way of a blind trustshall reply fully to any enquiries of the Commissionrelating to the nature and management of the assets inthe blind trust.

(4) A blind trust is created when a person inpublic life enters into an agreement with a qualifiedtrust company whereby—

(a) all or any part of his assets are conveyed tothe trust company for its management,administration and control, in its absolutediscretion without recourse or report to thepersons beneficially entitled to those assets;

(b) income derived from the management ofthe assets is to be distributed to him asagreed;

(c) should the assets be converted into otherassets, that fact is not to be communicatedto him, until he ceases to be a person inpublic life; and

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Blind trust

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(d) after he ceases to be a person in public life,proper and full accounting is to be made tohim, as the circumstances of themanagement of the trust require.

(5) A trust company is a qualified trust companywhere—

(a) it is incorporated in Trinidad and Tobagoand is carrying on business in Trinidad andTobago;

(b) no more than five per cent of the issuedshares in the trust company or its affiliateis held by the person in public life enteringinto an agreement with it, or by any otherperson associated with him; and

(c) the person in public life holds nodirectorship or office in the trust companyor its affiliates.

(6) A company is the affiliate of another where itholds more than five per cent of the issued shares in it.

(7) For the purposes of this section, a person isassociated with another where that other is—

(a) the spouse or child of the person; (b) the partner of the person in a profession,

trade, or commercial undertaking; or(c) a corporation and any person mentioned in

paragraph (a) to (b) controls the corpora-tion, its holding corporation or acorporation affiliated with either.

(8) In subsection (7)—(a) “child” means a child whether of full age or

not and includes a child of the familywithin the meaning of the MatrimonialProceedings and Property Act;

(b) “control” shall be construed in accordancewith Rule 3 of the Third Schedule of theCorporation Tax Act.

1100 No. 83 Integrity in Public Life 2000

Chap. 45:51

Chap. 75:02

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PART IV

CODE OF CONDUCT

23. This Part applies to a person in public life and toall persons exercising public functions.

24. (1) A person to whom this Part applies shallensure that he performs his functions and administersthe public resources for which he is responsible in aneffective and efficient manner and shall—

(a) be fair and impartial in exercising hispublic duty;

(b) afford no undue preferential treatment toany group or individual;

(c) arrange his private interests whetherpecuniary or otherwise in such a manner asto maintain public confidence and trust inhis integrity.

(2) A person to whom this Part applies shall not—(a) use his office for the improper advancement

of his own or his family’s personal orfinancial interests or the interest of anyperson;

(b) engage in any transaction, acquire anyposition or have any commercial or otherinterest that is incompatible with his office,function and duty or the discharge thereof;

(c) use public property or services for activitiesnot related to his official work;

(d) directly or indirectly use his office forprivate gain.

(3) No person to whom this Part applies shall bea party to or shall undertake any project or activityinvolving the use of public funds in disregard of theFinancial Orders or other Regulations applicable tosuch funds.

Application of Part IV

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Use of office

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25. A person to whom this Part applies shall not useinformation that is gained in the execution of his officeand which is not available to the general public tofurther or seek to further his private interests.

26. A person to whom this Part applies shall not usehis office to seek to influence a decision made byanother person or public body to further his ownprivate interests.

27. (1) A person to whom this Part applies shall notaccept a fee, gift or personal benefit, exceptcompensation authorised by law, that is connecteddirectly or indirectly with the performance of his or herduties of office.

(2) Subsection (1) does not apply to a gift orpersonal benefit that is received as an incident of theprotocol or social obligations that normally accompanythe responsibilities of office.

(3) Where however a gift or personal benefitreferred to in subsection (2) exceeds two thousanddollars in value or where the total value receiveddirectly or indirectly from one source in any twelve-month period exceeds two thousand dollars, a person inpublic life shall file with his declaration, a statementindicating the nature of the fee, gift or benefit, itssource and the circumstances under which it was givenor accepted.

28. Matters of a confidential nature in the possessionof persons to whom this Part applies, shall be keptconfidential unless the performance of duty or theneeds of justice strictly require otherwise, and shallremain confidential even after separation from service.

29. (1) For the purposes of this Act, a conflict ofinterest is deemed to arise if a person in public life orany person exercising a public function were to make or

Confidentially

Conflict of interests

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Influence

Gifts

Insider information

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participate in the making of a decision in the executionof his office and at the same time knows or oughtreasonably to have known, that in the making of thedecision, there is an opportunity either directly orindirectly to further his private interests or that of amember of his family or of any other person.

(2) Where there is a possible or perceived conflictof interest, a person to whom this Part applies, shalldisclose his interest in accordance with prescribedprocedures and disqualify himself from any decision-making process.

30. (1) A person holding office under the PublicService, Judicial and Legal Service, Police Service,Teaching Service or Statutory Authorities’ ServiceCommission, shall upon his appointment, and fromtime to time as may be required, declare to theappropriate Commission in such form as may beprescribed—

(a) all business, commercial and financialinterests and activities in which he isengaged; and

(b) all personal property, assets and liabilitiesin respect of himself, his spouse anddependent children,

provided that all information so given shall be treatedas confidential.

31. (1) The Commission shall report any breach ofthis Part to the appropriate House of Parliament,Service Commission, Board, or other Authority and tothe Director of Public Prosecutions setting out suchdetails and particulars as it thinks fit.

(2) The appropriate House of Parliament, ServiceCommission, Board or other Authority may take suchdisciplinary action in relation to a report madepursuant to subsection (1) as it thinks appropriate inany particular case.

Commission to reportbreach of this Part

Disclosure to ServiceCommission

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PART V

POWER OF INVESTIGATION

32. (1) A member of the public who wishes to allegeor make a complaint that a person in public life or anyperson exercising a public function—

(a) is in contravention of this Act;(b) in relation to the Register of Interests, has

a conflict of interest; or(c) is committing or has committed an offence

under the Prevention of Corruption Act,may do so in writing to the Commission.

(2) Any person who knowingly and mischevouslymakes or causes to be made a false report to theCommission or misleads the Commission by givingfalse information or by making false statements oraccusations shall be guilty of an offence and liable onconviction to a fine of two hundred and fifty thousanddollars and a term of imprisonment not exceeding fiveyears.

33. The Commission—(a) may on its own initiative; or(b) shall upon the complaint of any member of

the public,consider and enquire into any alleged breaches of theAct or any allegations of corrupt or dishonest conduct.

34. (1) In carrying out its function under section 33,the Commission may—

(a) authorise an investigating officer toconduct an enquiry into any alleged orsuspected offence;

(b) require any person, in writing, to produce,within a specified time, all books, records,accounts, reports, data, storedelectronically or otherwise, or any otherdocuments relating to the functions of anypublic or private body;

Complaints

Power of Commissionto investigate

Special powers ofinvestigation

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(c) require any person, within a specified time,to provide any information or to answer anyquestion which the Commission considersnecessary in connection with any enquiryor investigation which the Commission isempowered to conduct under this Act;

(d) require that any facts, matters ordocuments relating to the allegations orbreach, be verified or otherwise ascertainedby oral examination of the person makingthe complaint;

(e) cause any witness to be summoned andexamined upon oath.

(2) Where, in the course of any enquiry theCommission is satisfied that there is a need to furtherexpedite its investigations, it may exercise thefollowing powers:

(a) require any person to furnish a statementin writing—

(i) enumerating all movable orimmovable property belonging toor possessed by him in Trinidadand Tobago or elsewhere, or heldin trust for him, and specifying thedate on which each such propertywas acquired and the considera-tion paid therefore, and explainingwhether it was acquired by way ofpurchase, gift, inheritance orotherwise;

(ii) specifying any monies or otherproperty acquired in Trinidad andTobago or elsewhere or sent out ofTrinidad and Tobago by him or onhis behalf during a specifiedperiod;

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(b) require any person to furnish,notwithstanding the provisions of any otherwritten law to the contrary, all informationin his possession relating to the affairs ofany suspected person being investigatedand to produce or furnish any document ortrue copy of any document relating to theperson under investigation and which is inthe possession or under the control of theperson required to furnish the information;

(c) require the manager of any bank, orfinancial institution, in addition tofurnishing information specified inparagraph (b), to furnish any informationor certified copies, of the accounts or thestatement of accounts at the bank orfinancial institution of any person beinginvestigated.

(3) A person who fails or refuses to disclose anysuch information or to produce any such documents,commits an offence and is liable to a fine of onehundred and fifty thousand dollars and imprisonmentfor a term of three years.

(4) Any person who knowingly misleads theCommission, or an investigating officer of theCommission, by giving false information, commits anoffence and is liable on conviction to a fine of twohundred and fifty thousand dollars and imprisonmentfor a term of five years.

(5) Where after the conduct of an investigation,the Commission is satisfied that there are reasonablegrounds for suspecting that an offence has beencommitted, it shall make a report to the Director ofPublic Prosecutions who may take such action as hethinks appropriate.

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35. The records of the Commission and anyinformation revealed by a witness or by the productionof documents, shall not be disclosed, other than to suchextent as may be necessary for the purpose ofproceedings in any court relating to a charge under thisAct, the Prevention of Corruption Act or any otherwritten law.

36. (1) A person in public life or a person exercising apublic function may, by application in writing, requestthe Commission to give an opinion and makerecommendations on any matter respecting his ownobligations under this Act.

(2) The Commission may make such enquiries asit considers appropriate and provide the person makingthe application with a written opinion andrecommendations.

(3) The opinion and recommendations of theCommission shall be privileged information which maybe released only with the consent of the person makingthe application.

37. The Commission may on its own initiativeconsider any matter with respect to the duty orobligation of a person under this Act, where in itsopinion it is in the public interest to do so.

38. No report concluding that a person to whom thisAct applies has failed without reasonable justificationto fulfill a duty or obligation under this Act shall bemade until reasonable notice has been given to suchperson of the alleged failure and the person has beenallowed full opportunity to be heard either in person orby counsel.

39. No member of the Commission shall be liable toany action or suit for any matter or thing done by himunder this Act.

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Protection ofinformation

Request for opinion

Commission to act inpublic interest

Notice of adversereport

Exemption fromliability

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40. The Commission may for specific projects orinvestigations enter into contracts for the services ofpersons having technical or specified knowledge of anymatter relating to the work of the Commission.

41. (1) The Commission may make Regulationsprescribing—

(a) the manner in which enquiries may becarried out and any matters incidental to orconsequential upon such enquiries;

(b) the standard or criteria for the initiation ofsuch enquires;

(c) the manner in which information receivedfrom the public would be assessed andverified;

(d) the form of declaration to be submitted andany additional forms which have beenprescribed or which may become necessary;

(e) the period within which any information ordocument required by the Commissionshould be furnished or produced;

(f) the fees that are payable by members of thepublic in respect of a certified copy of apublic declaration statement and themanner in which such statements may bemade available;

(g) any matter or thing in respect of which itmay be necessary to make Regulations forcarrying this Act into effect.

(2) Regulations made under subsection (1) shallbe subject to the affirmative resolution of Parliament.

42. For the purpose of the Income Tax Act, alloutgoing expenses reasonably incurred in the year ofincome by a person in public life in connection with thepreparation of a statutory declaration required to befurnished by him for the purposes of this Act, aredeemed to be incurred by him wholly, exclusively andnecessarily in the production of his income for that yearof income.

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Power to entercontracts

Regulations

Income Tax ActChap. 75:01

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43. The Integrity in Public Life Act, 1987 is herebyrepealed.

44. Where anything has been commenced by orunder the authority of the Integrity Commission underthe Integrity in Public Life Act, 1987, repealed by thisAct, such thing may be carried out and completed by orunder the authority of the Integrity Commission.

SCHEDULE(Section 2)

PERSONS IN PUBLIC LIFE

l. Members of the House of Representatives

2. Ministers of Government

3. Parliamentary Secretaries

4. Members of the Tobago House of Assembly

5. Members of Municipalities

6. Members of Local Government Authorities

7. Members of the Boards of Statutory Bodies and StateEnterprises as prescribed in accordance with section 138(2)of the Constitution.

Passed in the Senate this 3rd day of October, 2000.

N. COXClerk of the Senate

IT IS HEREBY CERTIFIED that this Act is one the Bill forwhich has been passed in the Senate and at the finalvote thereon in the Senate has been supported by thevotes of not less than three-fifths of all the members ofthe Senate that is to say by the votes of 25 Senators.

N. COXClerk of the Senate

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RepealNo. 8 of 1987

Transitionalprovisions

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Passed in the House of Representatives this 6th dayof October, 2000.

D. DOLLYActing Clerk of the House

IT IS HEREBY CERTIFIED that this Act is one the Bill forwhich has been passed in the House of Representativesand at the final vote thereon in the House has beensupported by the votes of not less than three-fifths ofall the members of the House, that is to say by thevotes of 28 members of the House.

D. DOLLYActing Clerk of the House

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PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN

REPUBLIC OF TRINIDAD AND TOBAGO—2000